Ajitha Kumari J vs The Child Development Project ...
2021 Latest Caselaw 9222 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.1420 OF 2020(B)


PETITIONER:

               AJITHA KUMARI J.,
               AGED 48 YEARS
               D/O. LATE KALIKUTTY, THUNDIL HOUSE, PULIMEL, PATTOOR
               P.O., NOORANAD, MAVELIKARA THALUK 690 529.

               BY ADVS.
               SRI.RINNY STEPHEN CHAMAPARAMPIL
               SMT.ASHA ELIZABETH MATHEW

RESPONDENTS:

      1        THE CHILD DEVELOPMENT PROJECT OFFICER,
               (CONVENER SELECTION COMMITTEE) ICDS, BHARANIKAVU
               PROJECT, BHARANIKAVU BLOCK PANCHAYATH OFFICE,
               KATTANAM, VETTIKODE P.O., 690 503.

      2        THE DIRECTOR
               SOCIAL WELFARE DIRECTORATE, SOCIAL WELFARE BHAVAN,
               POOJAPPURA, THIRUVANANTHAPURAM-695 001.

      3        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY, SOCIAL WELFARE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

               R1-3 BY GOVERNMENT PLEADER


               SR GP BIJOY CHANDRAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1420 OF 2020(B)

                                       2



                                 JUDGMENT

Dated this the 19th day of March 2021

The prayers in this writ petition are as follows:

i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1 st respondent to promote and appoint the petitioner as an Anganwadi Worker in the existing vacancy of Anganwadi Worker in Anganwadi No 157 of Nooranad Grama Panchayat.

ii) Issue an appropriate writ, order or direction declaring that the petitioner is entitled to be appointed as an Anganwadi Worker in the existing vacancy of Anganwadi Worker in Anganwadi No 157 of Nooranad Grama Panchayat and that the 1 st respondent is duty bound to appoint the petitioner as an Anganwadi Worker in Anganwadi No 157 of Nooranad Grama Panchayat.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is a specific contention of the petitioner that the

petitioner has been working as an Anganwadi Helper since the year

2009 in Nooranad Panchayat and that the petitioner had acquired

the Standard X Equivalency Certificate in August, 2010 and has all WP(C).No.1420 OF 2020(B)

the eligibility for appointment as Anganwadi Worker in the quota

set apart for appointment from Anganwadi Helper.

4. A statement has been placed on record by the 1 st

respondent wherein, it is contended that by Ext.P8 Government

order dated 30.04.2018, which has been upheld by this Court, every

4th vacancy of Anganwadi Worker is liable to be filled up by

promotion of Anganwadi Helper. It is contended that one vacancy is

likely to arise on the retirement of an Anganwadi Worker on

30.04.2021. However, the learned Government Pleader proceeds to

submit that the said vacancy will only be the 3 rd vacancy after

Ext.P8 Government order and that the petitioner would have a

claim only against the 4th vacancy. It is submitted that the

petitioner has produced Ext.P14 list of SSLC passed Helpers eligible

for promotion. It is stated that Smt.Geetha. V is also included in the

list with regard to the Nooranad Panchayat and that the relative

claims of the petitioner and the other persons who are included in

the list is also to be considered.

5. The learned counsel for the petitioner would contend that

going by the Government orders in force the petitioner has longer WP(C).No.1420 OF 2020(B)

length of service and is therefore eligible for appointment.

6. The learned Government Pleader would contend that the

age of the incumbents is also to be looked into going by the

Government orders in force.

I am of the opinion that since the 4 th vacancy has not arisen

and since the petitioner's claim is admittedly against the 4 th

vacancy of Anganwadi Worker which is liable to be filled up from

the post of Anganwadi Helper, the contention of the petitioner that

she is entitled for appointment against the said vacancy is liable to

be considered by the 1st respondent in accordance with the

Government orders in force. The 1st respondent shall therefore take

up the claim of the petitioner for appointment to the 4 th vacancy of

Anganwadi Worker and decide on the said claim with notice to the

petitioner as well as any other person, who has a similar claim for

appointment as Anganwadi Worker by promotion from Anganwadi

Helper and decide the issue with regard to the claim of the

petitioner, taking note of the Government orders which govern

such appointment. A decision shall be taken by the 1 st respondent

as regards the claim for appointment as against the 4 th vacancy of WP(C).No.1420 OF 2020(B)

Anganwadi Worker which is liable to be filled up by promotion

from Anganwadi Helper with due notice to all concerned within a

period of two moths from the date of receipt of a copy of this

judgment. It is made clear that copy of the decision taken by the 1 st

respondent shall be duly forwarded to the petitioner and any other

claimants as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1420 OF 2020(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 13.5.2009 ISSUED BY THE IST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE PETITIONER'S STANDARD X-

EQUIVALENCY CERTIFICATE.

EXHIBIT P3 A TRUE COPY OF G.O. NO.(MS) 11/87/SWD DATED 12.1.1987.

EXHIBIT P4 TRUE COPY OF ORDER F.NO.1-9/2009-CD-I DATED 6.10.2006 ISSUED BY GOVERNMENT OF INDIA.

EXHIBIT P5 A TRUE COPY OF THE G.O.(M.S.) NO.8/08/SWD DATED 31.1.2008.

EXHIBIT P6 A TRUE COPY OF G.O.(M.S.) NO.73/2010/SJD DATED 7.10.2010.

EXHIBIT P7 A TRUE COPY OF THE G.O.(M.S) NO.74/2012/SJD DATED 22.12.2012.

EXHIBIT P8 A TRUE COPY OF G.O.NO.254/2018/SJD DATED 30.4.2018 ISSUED BY THE IST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 31.12.2019 SUBMITTED BY THE PETITIONER.

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 7.1.2020 ISSUED BY THE IST RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED 13.1.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P12 A TRUE COPY OF THE SSLC PASSED HELPERS-

ELIGIBLE FOR PROMOTION IN ICDS BHARANIKAVU.

EXHIBIT P13 A TRUE COPY OF THE REPRESENTATION DATED 14.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P14 A TRUE COPY OF THE SENIORITY LIST OF ANGANWADI HELPERS OF NOORANADU GRAMA PANCHAYATH

EXHIBIT P15 A TRUE COPY OF THE CASE STATUS DATED 30.4.2020 IN WPC NO 9608/2020